Terms and Conditions

TERMS AND REGULATIONS OF ARMA HOBBY ON – LINE SHOP

Therms and Conditions are valid from 6th July 2019.

  • See privacy policy link

The Arma Hobby on – line shop, available under the following website –
www.armahobby.pl is owned as a business entity governed by Polish Civil Code, by
two business partners who formed a type of a company, called civil company, the two
partners include:
Mr. Wojciech Bułhak, operating as a the company partner, seated at Warsaw, 02-764,
Iberyjska Street 7/49, taxpayer ID number 9521727873, business ID number
(statistical state number) 140112680
and
Mr. Marcin Ciepierski, operating as the company partner seated at 00-896 Warsaw,
32A/21 Ogrodowa street, taxpayer ID number 1132497854, business ID number
(statistical state number) 142706738,
Jointly forming Arba Hobby s.c., a type of company ruled under Polish Civil Code,
seated at Warsaw, Ostrobramska street number 101/308, zip code: 04-041 Warsaw,
taxpayer ID number 1132870299, business ID number (state statistical number)
146945084, contact phone number 22 409 1971, e – mail address :
kontakt1@armahobby.pl, hereinafter referred to as The Seller.
The Arma Hobby on – line shop Terms and Regulations set forth the terms under
which it is possible and recommended to use the shop, as well as the terms and
means to provide the on – line service by The Seller, which includes especially
entering into on – line sales agreements, shaping and setting forth the rights and
responsibilities between its parties, the complaint process and the withdrawal
procedure and possibility.
The Seller is The Personal Data Administrator responsible for all the Customers
personal data processed as a result of this Terms and Regulations policies. Personal
data is processed only using necessary and appropriate measures and only within a
scope set forth by the Privacy Policy published on the on – line shop’s website,
www.armahobby.pl . Entering Your personal data is optional. Everyone who enters
his/hers personal data on the website will be able to access it, check it, upgrade it or
correct it.
The Consumer cannot waive his rights granted by The Consumer Rights Bill (ustawa z
dnia 30 maja 2014 r. o prawach konsumenta, Dz. U. poz. 827 z późn. zm.) The Terms
and Regulations provisions less favourable than the bill’s provisions do not apply
towards The Consumer, and the bill’s provisions take priority instead. TThe
Consumer’s rights arising from The Consumer Rights Bill take priority over the
hereby set forth Terms and Regulations in any case the two clash.

Table of contents:

§ 1. Definitions
§ 2. General provisions
§ 3. Services provided on – line
§ 4. Sales agreement
§ 5. Ordering and delivery process
§ 6. Payment methods
§ 7. Guarantees and complaint procedure
§ 8. Withdrawal from the contract
§ 9. ADR
§ 10. Entrepreneurs
§ 11. Final provisions
Attachment 1 – withdrawal from the contract form
Attachment 2 – wihdrawal from the contract consumer instruction

§ 1. Definitions

Order completion time – the time period in which the order is completed by the
seller and then forwarded to the designated carrier service entity, this time period
does not include the delivery time (the time period between forwarding the order to
the designated carrier service and delivering it directly to the customer by that entity)
work day – one day, between Monday and Friday with the exception of bank/public
holidays and statutory free work days
registration form – an interactive form available on the shop’s website, enabling
creating a customer account
order form – an interactive form available on the shop’s website enabling to place
an order, especially through adding a product to an electronic cart and specifying the
terms of a sales agreement with The Seller
Customer – natural person with the full legal capacity and, where the aplicable laws
allow it, a natural person restricted in legal capacity, a business entity (corporation)
with full legal capacity and a business entity that has a restricted different form of
legal capacity, allowed by the applicable Polish laws and codes – all of which wish to
enter into a sales agreement with The Seller, and all of which use or is about to use
the on – line service.
Civil code – a bill which was established on the 23rd of April, 1964 abbreviated and
reffered to also as k.c.
Consumer – a natural person entering into contract with The Seller to buy products
not directly or indirectly attached to his/hers business operations,
Customer’s account – an on – line service defined with a personal name (login)
and a password entered by The Customer gathering data through The Seller’s IT
system where The Customer can store information regarding his contact data and his
orders history placed within The Seller’s on – line shop
Newsletter – an on – line service provided by The Seller through e – mail which
enables every subscribed member to receive periodic, automatic on – line free of
charge information and promotional opportunities via e – mail message regarding
the services provided by the on – line shop
Entrepreneur – a natural person, corporations, business entities able to operate as
businessmen, providing services for profit, either economic or professional
Terms and Regulations – the hereby set forth on – line shop Terms and
Regulations
On – line shop – the seller’s on – line shop service available upon
www.armahobby.pl
The Seller – the civil company partners, Mr. Wojciech Bułhak and Mr. Marcin
Ciepierski operating jointly upon a civil company agreement as Arma Hobby s.c.
Product – available in the on – line shop items being the subject of a sales
agreement between a Customer and The Seller
Sales agreement – an agreement concluded on – line, long distance or off –
premises between The Seller and The Customer via the on – line shop
Long distance or off- premises sales agreement – an agreement concluded
between The Seller and a Consumer through an organized long distance/ offpremises
agreements system without a need of at the same time presence of the
parties to the agreement, using solely one or more long distance contact measures
On – line service – a service provided via an IT system using The Internet, by The
Seller for The Customer via The Seller’s on – line shop
Complaint form on – line service – an interactive form enabling the Customers
to issue a complaint regarding the purchased goods
Consumer Rights Bill – a bill established in Poland on the 30th of May 2014
Order – a customer’s statement placed via the on – line shop, using the order form
with the aim of concluding a sales agreement with The Seller, setting forth it’s specific
details, such as the type and quantity of the product, shippment and delivery forms
and costs, the payment form and other necessary customer data towards entering
into contract

§ 2. General provisions

1. The Terms and Regulations are constantly available on the www.armahobby.pl
website enabling every customer to read, download or copy it’s content at any given
time.
2. The Terms and Regulations are set forth for both Customers, Consumers and
Entrepreneurs using the on – line shop. (Unless a provision/a paragraph/an article
directly states that it is referring to only Consumers), whereas § 10 of The Terms and
Regulations apply only to Entrepreneurs using the on – line shop (purchasing goods
operating as a business entity for their business purposes strictly, as opposed to
purchasing goods as a natural person).
3. The Personal Data Administrator designated upon completing the hereby set
Terms and Regulations is The Seller. Personal data is being stored and processed only
by means necessary and set forth in the Privacy Policy published on the on – line
shop website.
4. The Seller states that he follows all the regulations provided by the law regarding
his Customers personal data protection.
5. Entering personal data is voluntary. Everyone whose personal data is being
processed has the right to access, upgrade, check and correct all the data entered.
6. The Customer allows to collect, store and process his personal data by The Seller
only within a scope directly connected to complete the order of this certain on – line
service or product. To access further specific and detailed measures and policies
regardnig data storage and processing, please read The Privacy Policy.
7. The Customer is bound to use the on – line shop and the services provided by The
Seller accordingly, specially in accordance to the Polish legal system and the hereby
set forth Terms and Regulations, following established customs and with regard of IP
and copyrights of The Seller and third parties. It is forbidden to enter illegal content
on the website by The Customer.
8. The Seller ensures a proper security level of the digital content’s transmission,
using technological, as well as organizational measures in order to provide it’s
security. At the same time The Seller indicates that using the Internet and on – line
services may as a result threaten the Customer’s IT system’s security, regarding
malware and unauthorized access to the Customer’s personal data. To minimize those
threats, it is advised to apply and use proper IT protection measures.
9. The purchase of products (goods) offered by The Seller is available to Customers
residing in Poland, to EU citizens, as well as Customers outside the European Union.
10. All the information provided about the products and services offered by The Seller
via his on – line shop (including prices and product descriptions) given on the
www.armahobby.pl website do not stand for a binding offer upon the Civil Code
regulations, as mentioned in art.66 k.c., but are an invite to enter into a sales
agreement as mentioned in art. 71 k.c.
11. The prices presented on the on – line shop’s websites are given in The Polish
currency - złoty (PLN/zł) as well as in euros (€) and include value added tax (VAT).
12. Using the www.armahobby.pl on – line shop applies to and stands for every
customer’s action which leads to getting to know any content provided on the on –
line shop’s website.
13. The on – line shop reserves the right to organise occasional contests and
promotions for its users, which rules will be provided each time on the
www.armahobby.pl website.
14. The products promotions organised via the on – line shop do not pile up
(inosculate) unless the promotion rules say otherwise.

§ 3. On – line services

1. The Seller provides via his on – line shop the following free of charge services:
Order Form, Customer Account and Newsletter.
2. Using all services available in the on – line shop (including entering into contract)
is voluntary and free of charge.
3. The IT system minimal technical requirements to use the on – line shop include:

a) a computer, a laptop or other multimedia device with Internet access
b) e – mail address
c) an Internet browser using cookie files
d) enabling the browser to use Javascript

4. The Customer covers all the fees regarding using the Internet to get access to The
Sellers website – including the access itself as well as the data transfer fees according
to his Internet provider’s tariff.
5. The abovementioned services (1.) are provided by The Seller 7 days a week, 24
hours a day. Any possible breaches and breaks towards providing the service will be
announced prior via the shop’s website.
6. The service providing agreement, enabling to browse through and view all the
website’s content is concluded for a definite time period and shall be dissolved upon
shutting the www.armahobby.pl website down by the Customer.
7. The Customer shall enter only true and real data
8. Customer Account service (available in the ‘human figure icon’ Bookmark):

a) to access and use the Account one must complete the following steps: designate an
e – mail address and enter a password, which must consist of a suitable number of
characters or click the ‘create an account’ check box during the placing an order
process;
b) The Seller provides Entrepreneur Customers with an option to create a ‘wholesale
account’ using the wholesale bookmark and completed the registration form within;
c) the data suitable for supplementation in The Account’s administrative panel will be
inserted and automatically entered in the order form during placing an order in the
ordering process;
d) one has to accept the following Terms and Regulation and The Privacy Policy to
register and create an account, as well as enter the required personal data into the
registration form;
e) the on – line service providing agreement comprising of maintaining a customer
account within the on – line shop is concluded for an indefinite time period and shall
be dissolved upon receiving a written request to quit the account by The Customer via
the contact e – mail address: kontakt1@armahobby.pl or via traditional post, sent to
The Seller at ul. Ostrobramska 101/308, 04-041 Warszawa;
f) while filling in the registration form The Customer enters a password which is later
used to access his account. The Customer is obliged to protect his password and to
not share it with third parties;
g) The Account is inalienable.

9. Complaint form service.

a) the on -line service agreement enabling customers to post a complaint via an
interactive form is being concluded for a definite time period and lasts from the
moment of filling in the form (and issuing a complaint) and dissolves in the moment
The Seller issues a written statement regarding the aforementioned complaint – his
official response in the matter;
b) using the complaint form is available after clicking the ‘support/FAQ’ bookmark,
entering The Customer’s full name, e – mail address, order number (catalogue
number of the purchased model), purchase place, telephone number, correspondence
address with a short description of the complaint and clicking the ‘send’ button.

10. Order form service.

a) the order form on – line service agreement is concluded for a definite time period
starting from adding the first product to the electronic cart in the on – line shop and
ending with a withdrawal from completing the order form or by the time the order
form is completed and sent to The Seller herein referred as to placing an order (by
clicking the “order with a payment request” button which means confirming the
purchase and accepting the payment for the selected product);
b) the order form completing process is designed in a way that enables every
consumer to get to know all the requirements before making a decision to enter into
contract or to change the agreement;
c) placing an order requires completing the following steps – completing the order
form and clicking the “go to confirm the order” and “order with a payment request”
button. Before clicking the “order with payment request” button one can change the
order’s data using the guiding steps on the website;
d) it is necessary to enter the following data to the order form: name and surname,
shipment address ( street, apartment number, zip code, city, country), e – mail
address, telephone number and the product related data, such as its quantity, place
and delivery method, as well as payment method.

11. The Newsletter service.

a) the newsletter on – line service agreement is concluded for an indefinite time
period and shall dissolve by the time The Customer sends a request to quit the
subscription or clicks the necessary check box to discontinue receiving the Newsletter
service in The Customer Account administrative panel, or clicking the link that is
send at the bottom with each newsletter feed;
b) the user or The Customer can receive other promotional or commerce related
materials via an e – mail message send to those who allowed receiving it;
c) using the Newsletter service is available upon clicking the ‘envelope’ icon or finding
the Newsletter bookmark in The Customer’s Account, or entering a correct e – mail
address, clicking the right check box and clicking the ‘confirming Newsletter’
(proceed the newsletter service) button, or clicking the ‘start receiving our newsletter
service’ check box while completing the order form within the ordering process;
d) the user or The Customer has the right to revoke the approval to receive the
Newsletter simply by sending a request to quit to The Seller and withdraw his e –
mail address from the newsletter subscription base or by clicking a “quit newsletter”
link send with each newsletter feed;
e) The Newsletter Service is available and sent only to it’s subscribers.

12. Complaint procedure.

a) The Customer, in case of a failure of accomplishment the agreement’s purpose or
in case of an improper execution of the agreement, has the right to file a complaint
under the rules of the hereby given Terms and Regulations;
b) complaints regarding the on – line services provided by The Seller or other kinds
of complaints regarding the on – line shop (excluding those mentioned in § 7), The
Customer can file using the company’s contact address, Berneńska street 9d, 03-976
Warsaw or using the company’s e – mail address, kontakt1@armahobby.pl ;
c) The Customer is asked to leave the following information along with filing the
complaint:
- circumstances surrounding the complaint’s subject and potential defects such as the
type of defect and the date of its occurrence
- contact data so The Seller can reach The Customer leaving the complaint
The abovementioned requirements are not compulsory and do not count into
examining every case of a complaint.
d) The Seller is required to answer a complaint right away, no longer than within 14
calendar days from filing it (receiving it).

12. The right to withdraw from the on – line services contract is available to those
Customers who at the same time operate as Consumers upon the rules set forth in
this hereby given Terms and Regulations.
13. The right to withdraw from the on – line shopping (e-commerce/on – line sales
agreement) service agreement is applicable only to The Customers with a Consumer
status.
14. The Customer who is a party to The Customer Account agreement which is of a
permanent and indefinite character, can give notice of quitting the agreement at any
time, effective immediately. This action shall be completed upon sending a written
statement about quitting the account via the e – mail contact address.
15. The Seller reserves the right to give notice of quitting those on – line services
agreements of a permanent and indefinite character within 14 days in any case of a
breach of this Terms and Regulations by a Customer.

§ 4 Sales Agreement

1. The agreement is commenced by placing an order via the order form on the on –
line shop’s website.
2. One has to have a functioning e – mail address to place an order through the on –
line shop on the website.
3. The agreement concluding procedure via the order form comprises of as follows:

a) choosing the product (as a result of a range of technical actions) by clicking the
“add to cart” button;
b) filling in the proper data as shown in the order form (emphasizing on the
necessary to execute the agreement data): name, surname, e – mail address,
telephone number, delivery (shipment) address, company’s name and address,
taxpayer ID, as well as choosing a payment and delivery method;
c) after entering all the necessary data one shall receive a summary of the order
(including all the selected detail regarding product such as its price and taxes, other
fees required or not, the delivery costs and payment methods, invoice data
information), Entrepreneur customers shall also provide the proper data for The
Seller to be able to issue them an invoice;
d) placing an order will be possible after entering all the necessary personal data,
accepting the Terms and Regulations confirming to be aware of the right to withdraw
from the contract and its instruction and then clicking the “order with a payment
request” button

4. The Seller enables The Customer to set up an account via the order form. Setting
up the account is voluntary, one – time and free of charge. The data provided during
the account’s registration will be used in future orders by The Customer.
5. Immediately after receiving the order The Seller sends an e – mail confirming the
order placed, in other words confirming the conclusion of the sales agreement using
the e – mail address entered by The Customer during the ordering process. The
agreement is concluded by the time the confirmation e – mail reaches The Customer.
6. The confirmation message is summing up the order and further establishes all the
necessary data and rules regarding the sales agreement, such as the quantity and type
of the ordered product, the final cost of it, and the delivery price and/or the bargain
deal that goes with the purchase.
7. The preservation, protection, sharing and confirmation of all the most important
rules regarding the sales agreement are being executed via sharing the Terms and
Regulations on – line on the shop’s website and by sending the confirmation message
to the address given during the ordering process.
8. The Customer who set up an account is able to access it and check the order status
after logging in on the shop’s website.

§ 5. Ordering and delivery process.

1. The delivery service is available in Poland, within all the EU countries, and other
countries outside the EU, where it is possible to use the Poczta Polska delivery
services, the product is being shipped to the address given in the ordering procedure.
2. Orders can be placed 24/7, please bear in mind, that completing the order takes
place on week days, from Monday to Friday, from 10 to 17.
3. The delivery is payable (completed upon payment), unless the sales agreement says
otherwise. The delivery costs (including transportation, delivery and post offices
service) are being presented to The Customer during the ordering process. The
specifics are being stored on the website, specifically upon expressing the will to be
bound by the sales agreement, as well as in the “order delivery” bookmark.
4. The shipment costs may vary by means of the purchased product’s weight, or the
country to which is being delivered (different costs in Poland, EU and outside EU),
5. The Seller gives The Customers the following delivery methods:

a) by The Customer himself – at Ostrobramska street 101/308, 04-041 Warsaw, or
b) by a courier service – ‘Kurier Pocztex 48’,
c) by a courier service – ‘Kurier Pocztex 48’ with the cash on delivery option.

6. The delivery date varies between 2 and 10 workdays (1 to 3 in case of personal
collection by The Customer), unless the product’s description says otherwise (the date
is sooner). In case of products (multiple orders) with different delivery date – the last
day – the maximal date counts, but not longer than 7 workdays. The beginning (the
commencement) of the delivery is estimated as follows: in case of choosing to pay in
advance via a wire transfer, via debit/credit card on – line the delivery commences on
the day The Seller receives the payment onto his bank account (the wire transfer, on
– line payment bounces).
7. The exact date upon which the product can be obtained by The Customer in person
will be set in accordance with him and confirmed by The Seller in a separate e – mail
message
8. The delivery method has an impact on the delivery date.
9. The exact collection date in case of picking up the product personally by The
Customer will be agreed upon with The Customer and will not take longer than 7
workdays from the purchase. The Seller will confirm the date, sending an e – mail
message. The ability to collect the product will be further announced by The Seller.
10. In case of any emergency regarding failure to deliver or selling out the ordered
product or low stock of some product which may cause trouble in the delivery The
seller will immediately contact The Customer to establish another delivery date and
further procedure regarding the sales agreement execution.
11. Further details on the delivery costs and methods are available on the on – line
shop’s website in the bookmark “order delivery”.
12. The Customer is informed about the delivery costs while completing the order
form and in the confirmation e – mail which concludes the sales agreement.
13. The Customer may change or quit the order until receiving the confirmation e –
mail. After that the change or annulment of the ordered product is potentially
possible upon negotiations with The Seller.
14. When receiving the package The Customer shall personally or via a trusted person
check the delivery’s state (is the package damaged, is the package in tact). In case of
discovering damage or other discrepancies The Customer shall, by means possible in
the courier’s presence complete a damage protocol and inform The Seller about the
fact. If the product looks damaged The Seller asks The Customer not to take in the
package. The abovementioned policies do not exclude or discriminate other
complaint methods set forth in the Terms and Regulations. The following paragraph
is to help out The Seller detect the cause of the product’s damage. The complaint
procedure is not affected by using the abovementioned damage protocol or by not
using it.

§ 6. Payment methods.

1. The Seller enables the following payment methods:

a) on – line payment via:
*) PayPal Polska sp. z o.o. (Ltd.), Emilii Plater street 53, Warsaw 00-113, (tax payer
id number) - NIP: 5252406419, (court registration number) - KRS: 0000289372,
(business ID/state statistical number) - REGON: 141108225 – current payment
methods are available on the www.paypal.com website.
*) Payeezy, First Data Polska S.A., Jerozolimskie Avenue 92, 00-807 Warsaw,
(taxpayer ID numer) - NIP: 5260210429, (court registration numer) - KRS:
0000061293, (state statistical number) - REGON: 012873434 – current payment
methods are available on the https://www.polcard.pl website.
*) Blue Media S.A., ul. Powstańców Warszawy 6, 81-718 Sopot, KRS pod nr 0000320590,
NIP 585-13-51-185, REGON 191781561. Available payment options::
cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro

b) wire transfer to The Seller’s bank account in mBank S.A., The Seller’s bank account
number is: 33 1140 0000 3702 7490 2858, IBAN: PL, SWIFT: BREXPLPWMBK
c) COD (cash on delivery) for Polish Residents
d) in cash paying in person while collecitng the purchased on – line product
personally in The Seller’s company’s office (service may be temporarily suspended
and nort be available for orders in Internet shop)

2. In case of choosing to pay by a wire transfer, on – line using his credit/debit card
The Customer is bound to make the payment up to 7 workdays from receiving the
confirmation e – mail, setting forth the total cost of the purchase (from concluding
the sales agreement).
3. If The Customer chooses the COD (cash on delivery) method, it is required to make
the payment as soon as the product is delivered by the courier.
4. The Sellers documents the sale with a receipt, but is able to issue an invoice upon
The Customer’s request.

§ 7 Warrantees and complaint procedure

1. The Seller is liable towards The Customer if the sold item has a physical or legal
defect. The principles and scope of such warranty come directly from the civil code
regulations (art. 556 – 576 k.c.).
2. The Seller is bound to deliver a defect free (flawless) product.
3. The Seller is liable towards The Customer for physical and legal defects of the
purchased item. Physical defects stand for all the flaws and shortcomings of the
product inside and outside it, the legal defects stand for a third party’s ownership of
the item or other ownership issues with the product that were not disclosed to The
Customer by the time of the purchase.
4. The complaint may be filed in writing and send to The Seller’s company seat
address, or filed on – line using The Sellers’s contact e – mail address, or by
completing the contact form given on The Seller’s website.
5. The Seller is bound to respond to the complaint immediately, not longer than
within 14 calendar days. If The Seller fails to respond within this time frame, the
complaint filed by a Consumer is being processed as a valid and justified one.
6. It is advised to enter the following data while issuing a complaint:
- circumstances surrounding the complaint’s subject (type of defects and date of its
occurrence)
- describing The Customer’s demands towards the complaint (demanding reinstating
the item to its proper state, or to issue a statement about lowering the item’s price, or
to withdraw from the contract)
- The Customer’s contact data to process the complaint.
7. The Customer who wishes to file a complaint regarding his warranty rights coming
from the civil code shall return the defected item at The Seller’s cost to the following
address: Ostrobramska Street 101/308, 04-041 Warsaw. If such return was
impossible to happen or very hard to process, The Customer shall give The Seller
access to the defected item where it is being stored.
8. If, regarding the product’s state or type, sending it back to The Seller may be
gravely difficult, The Customer is obliged to enable The Seller to access it in its
current place.

§ 8 Withdrawal from the contract

1. According to the art. 27 of The Consumer Rights Bill The Customer, who is a
Consumer has a right to withdraw from the sales agreement concluded long distance
or off- premises without giving a cause (without justification).
2. The right to withdraw from the Contract is available within 14 calendar days from
taking the item into possession by The Customer or a third party designated by The
Customer other than the courier/carrier.
3. To execute the statutory right of withdrawal from the contract, The Consumer shall
send The Seller a written statement to The Seller’s company address – Ostrobramska
Street 101/308, 04-441 Warsaw, or via his contact e – mail, kontakt1@armahobby.pl
4. The Consumer can also use a template statement, attached on The Seller’s website,
being also the Attachment 1 to these Terms and Regulations. Using the template
statement is not compulsory and does not count or have any impact in the withdrawal
procedure.
5. To properly execute (exercise) the right to withdraw within the given time frame, it
is suffice for The Consumer to inform The Seller on - line via the contact e – mail
before the time frame expiration.
6. The Consumer who filed his withdrawal on – line via e – mail shall receive a
confirmation e – mail about the withdrawal to an address given in the order form or
in the registration process.
7. The Seller shall immediately, no longer than within 14 calendar days from receiving
the withdrawal statement, give back any received from The Consumer payments,
including the delivery costs. The Seller wires the payments back in the same manner
as he received them, unless The Consumer specifically asks for a different payment
method, which does not come with any additional fees.
8. The Seller holds back with the re- payment until receiving the purchased item
back, or until receiving written confirmation of the item’s shipment, in case The
Seller is not bound to personally collect the item.
9. The Consumer is required to promptly return the product/item to The Seller or to
any person authorized by The Seller to receive the product/item immediately, no
more than 14 calendar days from the day on which The Consumer withdrew from the
contract.
10. Where The Consumer has chosen a delivery option other than the most
economical default delivery standard offered by The Seller, the latter is not required
to reimburse The Consumer for the additional costs.
11. The Consumer shall only bear the direct costs of returning the product/item.
12. The product/item shall be returned to the following address: Berneńska Street 9d,
03-976 Warsaw.
13. The Consumer is only liable for any decrease in value of the product/item
resulting from use of the products in a manner exceeding the reasonable use
necessary to ascertain the nature, features and functions of the product.
14. The Consumer shall not be entitled to withdraw from an off-premises contract or
from a long distance contract, in relation to contracts:

a) for the provision of services where The Seller has fully performed the service with
The Consumer’s explicit consent and The Consumer was informed before the
commencement of the service that he would lose the right to withdraw from the
contract upon the completion of the service by The Seller;
b) which include a price or remuneration which depends on financial market
fluctuations which are beyond The Seller’s control and which may occur before the
time limit for withdrawal from the contract expires;
c) where the performance consists of a non-prefabricated product, custom-made for a
consumer or intended to satisfy a consumer’s individual needs;
d) where the performance consists of products prone to rapid decomposition or
which expire rapidly;
e) where the performance consists of products delivered in closed packaging bearing
a seal, which cannot be sent back after the packaging has been opened because of
healthcare concerns or for hygienic reasons, if the packaging was opened after
delivery;
f) where the performance consists of products which, owing to their nature, become
inseparably connected to other products after delivery;
g) where the performance consists of alcoholic drinks, the price of which was agreed
upon at the moment the sales agreement was concluded, the delivery of which cannot
be effected until 30 days have expired, and the value of which depends on financial
market fluctuations which are beyond The Seller’s control;
h) where The Consumer explicitly requests that The Seller come to perform urgent
repair or maintenance work; if The Seller provides additional services other than the
ones requested by The Consumer or delivers products other than spare parts essential
for the performance of the requested repair or maintenance work, The Consumer
shall be entitled to withdraw from the contract in relation to those additional
products and/or services;
i) where the performance consists of audio or video recordings or computer programs
delivered in closed packaging bearing a seal, if the packaging was opened after
delivery;
j) for the delivery of daily newspapers, periodicals or magazines, except for a
subscription contract;
k) concluded by means of a public auction;
l) for accommodation services other than for residential purposes, transportation of
products, car rental, gastronomic services, leisure services, or entertainment, sport or
cultural events, if the contract specifies a day or a period of provision of the service;
m) for the delivery of digital content which is not recorded on a physical medium,
where the provision of the service commences upon The Consumer’s explicit consent
before the time limit for withdrawal from the contract expires and after The
Consumer is notified by The Seller of the loss of the right to withdraw from the
contract.

§ 9 ADR procedures (Alternative Dispute Resolution).

1. The Customer who is a Consumer has the right to use the alternative dispute
resolution procedures.
2. Information regarding the ADR procedures is available in the District Consumers
Ombudsman offices, on their websites, in the offices of NGOs which statutory
concerns include consumer rights and in Voiovodship Commerce Inspection offices
and upon the Office of Competition and Consumer Protection website:
http://www.uokik.gov.pl/spory_konsumenckie.php ,
http://www.uokik.gov.pl/sprawy_indywidualne.php ,
http://www.uokik.gov.pl/wazne_adresy.php .
3. The Customer who is a Consumer has different means to use within the ADR
procedures:

a) calling the arbitral consumers court to resolve the dispute regarding the sales
agreement according to art. 37 of the Commerce Inspection Bill, the Terms and
Regulations of the arbitral courts is set forth with a regulation of the ministry of
justice from 25 th of September 2001 r. regarding the terms of use of the arbitral
consumer courts.
b) calling the voivodship commerce inspection inspector with a motion to initiate a
mediation procedure regarding an arbitral dissolution of a dispute between the
consumer and the seller
c) using the district consumers ombudsman help or using the help of an NGO which
statutory concerns include consumer rights
d) using the electronic disputes resolution method with The Seller provided by the
UE platform available upon:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

§ 10 Entrepreneurs

1. The following paragraph and all its content refers only to Entrepreneurs, meaning
Customers who are not Consumers.
2. In case the other Terms and Regulations provisions clash with this following
paragraph, Entrepreneurs are bound by this following paragraph.
3. The Seller reserves the right to withdraw from an agreement (sales agreement)
with a Customer who is not a Consumer, such withdrawal is being effective without
just cause and as soon as The Seller sends a written notice of the withdrawal.
4. In the case of Customers who are not Consumers (don’t have Consumer status) it is
possible for The Seller to terminate the agreement effective immediately without just
cause and via a written statement.
5. The Seller has the right to limit the available payment methods, as well as demand
a pre – payment in full or in part, irrespective of the chosen payment method and
entering into an on – line sales agreement.
6. Upon the moment of transferring the purchased item to the professional courier
company, The Seller is no longer liable for the product’s state and delivery, The Seller
transfers the profits and burdens regarding the purchased product. The Seller is not
liable for the product’s accidental loss and destruction from the moment he transfers
it to the courier (carrier).
7. In case of delivery to a Customer who does not have a Consumer status, when the
delivery is being conducted by a professional courier company, The Entrepreneur is
responsible for examining the delivered product’s state and condition. If it turns out
the product has been damaged in any way, The Entrepreneur is responsible for
ensuring to establish the courier’s liability for such damage.
8. Invoice is the suitable for issuing a complaint document, when it comes to
Customers without Consumer’s status.
9. Regarding the article 558 § 1 in Polish Civil Code and it’s content – The Terms and
Regulations hereby state that The Seller precludes it’s enforcement when it comes to
Customers without the Consumer status.
10. Any conflicts (turning into disputes) arising between The Seller and The
Entrepreneur will be solved/sorted out in court applicable towards The Seller’s seat.

§ 11 Final provisions

1. The agreements concluded within (and via) the on – line shop are concluded in
Polish language and proceeded or interpreted regarding the Polish legal system and
its applicable laws.
2. The Seller respects all the rights regarding The Customer according to Polish law.
3. A change to the hereby given Terms and Regulations may be executed only with
valid reasons, such as a change in law, payment methods or delivery methods and
only in a scope affecting the hereby set forth provisions.
4. In case of concluding agreements of a constant nature (such as The Customer
Account) the changed Terms and Regulations will be binding if it matches the
stipulations given in the Polish Civil Code, articles 384 and 3841 k.c., provided that
the recipient was properly informed of the changes and did not terminate such
agreement within the stipulated 14 days time frame.
5. In case of concluding agreements of different than constant nature (such as the
sales agreement) the changed Terms and Regulations will not in any means affect the
Consumer rights applicable towards them before the changes enter into force (the
changes will not affect the previously placed orders, nor the sales agreement’s
execution).
6. In case where the change to The Terms and Regulations would mean introducing
new fees or increasing the current ones Customers who are Consumers will have the
right to withdraw from the contract.
7. The Seller is bound to inform The Customers of every change to The Terms and
Regulations with a 14 days notice, before the new (changed) provisions enter into
force.
8. The Customer has the right not to accept the new Terms and Regulations.
9. To all matters not settled herein provisions of The Terms and Regulations shall
apply commonly applicable Polish laws, specifically The Civil Code and the on – line
provided services bill as well as the consumer rights bill.
10. The attachments to the hereby given Terms and Regulations are treated as an
integral part of them.
11. The Terms and Regulations enter into force as of 4th February 2019.

Attachment 1
The withdrawal from the agreement template form (regarding
Consumers)

Should be completed and filed only if and only with the intention to withdraw.
Addressee:
Arma Hobby s.c., ul. Ostrobramska 101/308, 04-441 Warszawa, NIP: 1132870299,
REGON: 146945084, contact phone number: 22 409 1971, e – mail:
kontakt1@armahobby.pl
Statement:
I, …………………………………………………………. Hereby inform to withdraw from the sales
agreement of the following:
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
Item’s (product’s) catalogue number: ………………………………………………………………….
Order’s/invoice’s number: …..…………………………………………………………………………….
Product’s delivery date: ..…………………………………………………………………………………..
Delivery’s address:
………………………………………………………………………………………………………………………..
Customer’s e – mail address: ……………………………………………………………………………..
Customer’s contact number: ………………………………………………………………………………
Reason for withdrawal (optional):
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………
date and signature

Attachment 2
Instruction on the withdrawal from the contract

You have the right to withdraw from the herein sales agreement within 14 days upon
its conclusion without giving reason.
The withdrawal date expires after 14 days from:
1. Getting into possession of the purchased item by yourself or by a designated by
you third party, other than the courier,
2. Getting into possession of the last purchased item by yourself or a designated
by you third party, other than the courier got into possession of the last item,
3. Getting into possession of the last part or portion of the item by yourself or a
designated by you third party other than the courier got into possession of the
last part or portion of the item,
4. Getting into possession of the first of items by yourself or by a designated by
you third party other than the courier got into possession of the first of items.
Cases where the right to withdraw is excluded are stated in The Terms and
Regulations - § 8 section 14.
To exercise your right to withdraw from the contract do inform The Seller (partners
of a civil company Arma Hobby s.c. ul. Ostrobramska 101/308, 04-441 Warszawa,
NIP: 1132870299, REGON: 146945084, telefon: 22 409 1971, e – mail:
kontakt1@armahobby.pl ) of your decision using a unequivocal written statement (via
post, fax, or e – mail).
You may use the withdrawal template form but it is not compulsory.
.statement) using our website. If you decide to do so, we will send you an immediate
confirmation e – mail upon the withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your communication
concerning your exercise of the right of withdrawal before the withdrawal period has
expired.
Results of the withdrawal from the contract
If you withdraw from this contract, we shall reimburse to you all payments received
from you, including the costs of delivery (with the exception of the supplementary
costs resulting from your choice of a type of delivery other than the least expensive
type of standard delivery offered by us), without undue delay and in any event not
later than 14 days from the day on which we are informed about your decision to
withdraw from this contract. We will carry out such reimbursement using the same
means of payment as you used for the initial transaction, unless you have expressly
agreed otherwise; in any event, you will not incur any fees as a result of such
reimbursement.
We could hold back with the re- payment until receiving the purchased item back, or
until receiving written confirmation of the item’s shipment, in case we are not bound
to personally collect the item.
You are required to promptly return the product/item to us or to any person
authorized by us to receive the product/item immediately, no more than 14 calendar
days from the day on which you withdrew from the contract.
You shall only bear the direct costs of returning the product/item.